The EU Court of Justice applies private vendor test and upholds the Commission’s approach on the incompatibility of a state aid for the privatisation of an Austrian bank (Land Burgenland)

Maybe not such a global appraisal of State aid after all: CJEU backtracks from a truly economic approach (C-124/10)* In an interesting recent paper, Pablo Ibáñez Colomo conducts a very detailed statistical overview of State Aid Litigation before EU Courts (2004–2012) Journal of European Competition Law & Practice (2013) doi: 10.1093/jeclap/lpt057. One of his relevant findings is that the 'private investor test' and its application by the European Commission was one of the most litigated areas of EU State Aid law in that period and that '[a]nnulments were more likely where the ‘private investor test’ was raised as a ground'. In its Judgment of 24 October 2013 in Joined Cases C-214/12 P, C-215/12 P and C-223/12 P Land Burgenland v Commission, the Court of Justice of the EU has been

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Albert Sánchez Graells, The EU Court of Justice applies private vendor test and upholds the Commission’s approach on the incompatibility of a state aid for the privatisation of an Austrian bank (Land Burgenland), 24 October 2013, e-Competitions October 2013, Art. N° 58965

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